Electoral Offences: Obey court order or face contempt charge, SERAP warns INEC chairman

The Socio-Economic Rights and Accountability Project (SERAP) has called on Professor Mahmood Yakubu, Chairman of the Independent National Electoral Commission (INEC), to enforce the judgement ordering INEC to pursue cases of bribery against state governors, their deputies, and other electoral offences committed during the 2023 general elections.

The judgement, delivered on 18 July 2024 by Hon. Justice Obiora Atuegwu Egwuatu, followed a mandamus lawsuit brought by SERAP.

In a letter dated 28 September 2024 and signed by SERAP’s deputy director, Kolawole Oluwadare, the organisation stated, “It is unacceptable for INEC to take the court, which is the guardian of justice in this country, for a ride.”

SERAP stressed that the recurring cases of electoral bribery and violence undermine Nigeria’s electoral process, saying, “The latest allegations of electoral offences in Edo state show that INEC has learnt little or nothing from the well-documented problems during the 2023 general elections.”

The letter continued, “We would be grateful if the recommended measures are taken within 7 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider pursuing contempt proceedings against you and INEC for your continuing failure to obey the court judgement.”

SERAP expressed concern that INEC’s failure to comply with the judgement is contributing to ongoing electoral offences, particularly citing the recent governorship election in Edo state. “Obeying the court judgement would go a long way in protecting the integrity of our electoral and legal systems.”

Justice Egwuatu’s judgement ordered INEC to appoint independent counsel to investigate allegations of electoral offences, including bribery, vote-buying, and undue influence during the 2023 elections. The court also directed INEC to investigate reports of electoral violence, identify the perpetrators and their sponsors, and ensure their prosecution.

SERAP noted, “By ignoring the court judgement, INEC under your leadership is violating the provisions of Section 287 of the Nigeria Constitution 1999 [as amended], which imposes a binding obligation on all authorities and persons in Nigeria to comply with the verdicts of all courts.”

READ ALSO: Probe billions of ecological fund awards to Borno, SERAP tells Tinubu

The organisation highlighted the impunity enjoyed by suspected perpetrators of electoral offences in states like Kogi, Imo, and Bayelsa, saying, “Obeying the judgement would prevent and combat allegations of electoral offences such as those witnessed in the recently concluded governorship election in Edo state and the seriously flawed local government elections in several states.”

SERAP further stated, “Obeying the judgement will restore public trust and confidence in Nigeria’s electoral process. It will also ensure compliance with constitutional provisions, international standards, and the Electoral Act.”

The letter also referenced Justice Egwuatu’s ruling, which stated that SERAP and its members “have the legal interest whose enjoyment or enforcement directly or substantially depends on the performance of public duty by INEC.” The judgement stressed that electoral violence and associated crimes are a “great bane to the development of this country both democratically and economically.”

SERAP reiterated that the law imposes a public duty on INEC to investigate and prosecute electoral offences, as mandated by the Electoral Act 2022. The group called on INEC to fulfil its duty and contribute to the advancement of Nigeria’s democratic progress.